The B.C. government has paid out millions of dollars to prisoners in provincial jails to settle lawsuits filed in just over four years, The Vancouver Sun has learned.

According to documents obtained under the Freedom of Information Act, more than $3.5 million was paid to 34 inmates between Jan. 1, 2008 to March 31, 2012.

Another $126,419.87 of taxpayer’s money was paid in that period for legal costs in some of the cases.

The largest settlement of $2,641,927.01 was paid in December 2011 to Randall Hurst, who was assaulted by another prisoner and suffered permanent brain damage.

The second highest amount —$335,000 — was paid to an unnamed prisoner in February 2008. Most of settlements ranged between $5,000 and $50,000.

B.C. Corrections official Marnie Mayhew said in an email late Friday that several settlements included in the 34 related back to “the actions of one former corrections employee for sexual abuse that occurred over a period of time from 1980-1996.”

And she said in the case of Hurst, criminal charges were laid against the assailant.

“Any incidents of violence are not tolerated, and we take them very seriously. When incidents of violence do occur, Corrections charges the prisoner internally and police may be contacted to consider a criminal investigation,” Mayhew said. “While B.C. Corrections does everything it can to maintain a safe and secure living environment, given the criminal histories and unpredictable behaviour of those in custody, it is impossible to eliminate all risk.”

A review by The Sun of lawsuits filed over the last five years on behalf of inmates in B.C.’s nine correctional centres shows claims for compensation for incidents ranging from assaults by fellow inmates, excessive force by staff and falls inside cells to inadequate medical or dental care.

Lawyer Tonia Grace won a settlement for United Nations gang associate Ibrahim Ali last year after he was assaulted in the North Fraser Pre-trial Centre.

Grace is not allowed to disclose the amount as per the agreement with the B.C. government.

But she said “civil actions by inmates are on the rise and more lawyers are now willing to take them on for clients.”

“Most of my civil cases involve prisoner actions,” said Grace, who works for Conroy and Co. out of Abbotsford. “I think assaults are the most common situation that clients come to me for advice about.”

She said overcrowding in B.C. institutions appears to have led to increased violence.

“Definitely gang violence seems to be more noticeable now,” she said.

Ali, who also has a lawsuit filed against the federal government for an assault in April 2012 at the Pacific Institution, won his B.C. government settlement for a July 31, 2010 attack by two other inmates.

“The assault came about as a result of an error made by classification staff,” Ali’s statement of claim said. “Consequently the plaintiff was placed on Unit 3C where his safety was put at risk and where it was reasonably foreseeable that he would be subjected to an assault.”

While the B.C. government filed a response to Ali’s claim “opposing the granting of relief” and disputing his version of events, it paid up before the case could go to trial.

Grace said that “both the provincial and federal government, if they think they are going to lose, they try to settle.”

“They don’t want it reported, and they don’t want to open the flood gates to other inmates,” she said.

Grace also represents Pedram (Mike) Shirazi, who is serving a five-year sentence for possession of loaded assault rifles in October 2010.

Shirazi was the victim of an attack while at North Fraser Pre-trial Centre when another prisoner “threw hot butter mixed with bleach, sugar and jam on his neck,” his statement of claim says. “He was then attacked and beaten by three inmates.”

The suit says police had identified Shirazi upon his arrest “as having gang affiliations with the United Nations gang.”

Shirazi claims jail staff knew of his UN links yet placed him on the same unit as members of the Independent Soldiers gang.

“The defendant, through its servants or agents, was also aware that the United Nations gang were rivals to the Independent Soldiers gang and that, at the time, gang reprisals were at a heightened stage,” the suit claims.

The government filed a response earlier this year saying Shirazi refused to disclose his gang affiliations to prison staff when he arrived at North Fraser and that they only learned about the UN link after the attack.

The B.C. Government and Service Employees Union, which represents correctional officers, has complained for years about increasing tensions, overcrowding and violence inside institutions.

Union official Dean Purdy said Friday that money spent on settlements to inmates could be better used to deal with overcrowding. He said North Fraser Pretrial Centre remains the worst, with one staff member dealing with up to 60 inmates.

“It is tough for our members to see multi-million-dollar payouts like this. We don’t know the details, but we do know that prisons are overcrowded and understaffed. These millions of dollars could have been put to good use to address the very real problems that exist within our nine B.C. correctional centres,” he said.

“If overcrowding is also leading to lawsuits by inmates, that’s another reason to address the capacity pressures in a meaningful way.”

The B.C. government supplied figures are:

• A total of $3,537,681.90 was paid to inmates in B.C. correctional and pre-trial centres from 2008-2012

• From January to February 2008 $395,095.90 was paid out (partial year’s figures)

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B.C. government pays out over $3.5 million to jailed crooks

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